Resolution for Tristar workers but no thanks to Work Choices
NSW Minister for Industrial Relations, John Della Bosca, said today that the Howard Government should hang its head in shame for its role in the Tristar redundancy debacle which dragged on for more than 18 months.
“I am delighted these workers can now get their lives back on track – but the prolonged stress and anxiety endured by them and their families is a disgrace,” the Minister said.
“John Howard, Peter Costello and Joe Hockey must be held accountable for the suffering experienced by these workers – under Work Choices, the Commonwealth was unable to ensure a speedy and fair resolution to this dispute.
“Mr Hockey’s attempts today to take credit for the resolution are a joke and reveal how arrogant and out of touch he has become with the challenges faced by hard-working Australian families,” Mr Della Bosca said.
Under Work Choices, when a dispute arises:
- There is no requirement for employers to negotiate protection of entitlements
- Employees can be locked out of their workplace
- Workers’ wages and conditions can be removed, and
- There is no power to force an employer to negotiate with its workers.
“The Howard Government has been ineffectual over this issue. Mr Hockey was unable to secure the redundancy entitlements of these workers, despite legal proceedings in the Federal Court,” Mr Della Bosca said.
“The Commonwealth’s failure to get a result is proof that Work Choices doesn’t work. This dispute could have been resolved much earlier if had been referred to arbitration.
“However, Work Choices has stripped the Australian Industrial Relations Commission of its powers to be an effective arbitrator. Workers caught in the federal system have nowhere to go for independent help.
“Clearly, the Howard Government doesn’t understand that industrial disputes are not resolved through court ordered outcomes. Tying a dispute to the prosecution of an employer is cumbersome and costly for all concerned, to say the least.
“It also provides an opportunity for unscrupulous employers to engage in unnecessary and delaying legal tactics without dealing with the heart of the problem – the resolution of the dispute.
“Work Choices needs to be torn up and replaced with a fair and balanced system that is capable of delivering justice to Australian families, workers and businesses – only a Federal Government led by Kevin Rudd can deliver such an outcome.
NSW Minister for Industrial Relations Media Release
15 November 2007
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